NCJ Number
209196
Date Published
January 2005
Length
234 pages
Annotation
This manual states the policies and procedures of the U.S. Department of Justice regarding asset forfeiture; it replaces and supersedes all previous versions of the Policy Manual and all Policy Directives and Interim Legal Advice Memoranda issued prior to December 31, 2004.
Abstract
The manual's nine chapters address policies, guidelines, and procedures for asset seizure/restraint, administrative and judicial forfeiture, settlements, third-party interests, the use and disposition of seized and forfeited property, equitable sharing, the Assets Forfeiture Fund, attorney's fees, and grand jury issues in asset forfeiture. Topics pertinent to seizure/restraint are guidelines for preseizure/restraint planning, general procedures for seizing property, seizures for criminal forfeiture, contaminated real property, financial instruments, and seized cash management. Topics covered under administrative and judicial forfeiture are the interplay of administrative and civil judicial forfeiture, the interplay of administrative forfeiture and criminal forfeiture, and the form of the claim. The chapter on settlements outlines general policy, the authority of various Justice Department representatives to make forfeiture settlements, and settlement procedures in civil and criminal forfeiture cases. The chapter on third-party interests in forfeiture cases considers State and local real property taxes and guidelines and procedures for the restoration of forfeited property to crime victims through restitution in lieu of remission. Among the topics discussed in the chapter on the use and disposition of seized and forfeited property are management procedures, how the seized property may be used, and the U.S. Attorney General's authority to warrant title for seized and forfeited property. The chapter on equitable sharing presents policies and procedures designed to ensure the consistent review and handling of State and local seizures presented for Federal adoption. The chapter on the Assets Forfeiture fund focuses on procedures for the transfer of funds from the Seized Asset Deposit fund to the Assets Forfeiture Fund. Appended supplements to the chapters